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Lawyers 'staggered' at Rayney appeal

Angie Raphael

Prosecutors have outlined three grounds of appeal against the acquittal of prominent Perth barrister Lloyd Rayney, who was found not guilty this month of murdering his estranged wife, Corryn.

The NSW Director of Public Prosecutions (DPP) Lloyd Babb directed the appeal on Thursday - the deadline for lodgment - and documents were submitted to the Court of Appeal in Western Australia.

Mr Rayney was acquitted on November 1 following a highly publicised three-month trial and a five-year ordeal to prove his innocence.

Ms Rayney, a former Supreme Court registrar and mother of two, disappeared after her weekly dance class on August 7, 2007.

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The case dubbed the "trial of the decade" was presided over by former Northern Territory chief justice Brian Martin.

He found that Ms Rayney was a victim of a random attack outside her home and was buried head-first in a grave at Kings Park before her car was dumped nearby.

Mr Rayney has kept a low profile since his acquittal but told reporters on the day he was found not guilty that it was a "terrible tragedy" his daughters still did not know who killed their mother.

Following Mr Rayney's acquittal, many in the legal profession publicly stated they believed a retrial was unlikely because, for an appeal to be successful, lawyers would have to find a misapplication of the principles of the law.

But it seems Mr Babb believes there are grounds for an appeal, citing three reasons, including what he says are the judge's failure to appropriately assess the circumstantial evidence as a whole.

He also cites the significance of a dinner place card with Mr Rayney's name on it that was found near Ms Rayney's grave site.

Tom Percy QC, one of Perth's most high profile lawyers and a friend of Mr Rayney, told AAP he was "staggered" at the decision to appeal the acquittal.

"It's unusual to do it at the 11th hour," he said.

Senior Perth legal figure John Hammond told AAP he could not see any gaps in Justice Martin's legal reasoning.

"I am surprised (with the appeal) in light of what Justice Martin said in his decision," he said.

"The facts fell short of proving the case beyond reasonable doubt and, where it did fall short, the prosecution relied on speculation."

Mr Rayney's case was WA's most expensive trial and required its judge and prosecutor to be flown in from interstate to avoid bias because the Rayneys were well known in Perth's legal community.

There's now uncertainty surrounding a defamation lawsuit against WA police regarding the head of the major crime squad in 2007, Detective Senior Sergeant Jack Lee, who told journalists shortly after Ms Rayney's death that her estranged husband was the "prime" and "only" suspect in her murder.

Mr Rayney's ability to practise as a lawyer also remains up in the air after Justice Martin found the barrister had engaged in "discreditable conduct" by lying to a magistrate, swearing a false affidavit and arranging a phone tap to monitor his wife's calls.

Both the Legal Practice Board and Barristers' Board were reviewing Mr Rayney's privilege to practise law before the appeal was announced.

The WA Bar Association, of which Mr Rayney is a member, could also strip him of his membership but cannot prevent him from practising as a barrister.